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45 U.S.C. § 1211 — Denali National Park and Preserve lands

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1211 — Denali National Park and Preserve lands

On the date of transfer to the State (pursuant to [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim)) or other disposition (pursuant to [section 1210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1210&num=0&edition=prelim)), that portion of rail properties of the Alaska Railroad within the Denali National Park and Preserve shall, subject to the exclusive-use easement granted pursuant to [section 1203(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203/b/1/D&num=0&edition=prelim), be transferred to the Secretary of the Interior for administration as part of the Denali National Park and Preserve, except that a transferee under [section 1210 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1210&num=0&edition=prelim) shall receive the same interest as the State under [section 1203(b)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203/b/1/D&num=0&edition=prelim).

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Source location: Title 45, Chapter 21, § 1211; chapter-021-alaska-railroad-transfer.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1203 — Transfer authorization

**(a) Authority of Secretary; time, manner, etc., of transfer** Subject to the provisions of this chapter, the United States, through the Secretary, shall transfer all rail properties of the Alaska Railroad to the State. Such transfer shall occur as soon as practicable after the Secretary has made the certifications required by subsection (d) of this section and shall be accomplished in the manner specified in subsection (b) of this section. **(b) Simultaneous and interim transfers, conveyances, etc.** (1) On the date of transfer, the Secretary shall simultaneously: (A) deliver to the State a bill of sale conveying title to all rail properties of the Alaska Railroad except any interest in real property; (B) deliver to the State an interim conveyance of the rail properties of the Alaska Railroad that are not conveyed pursuant to subparagraph (A) of this paragraph and are not subject to unresolved claims of valid existing rights; (C) deliver to the State an exclusive license granting the State the right to use all rail properties of the Alaska Railroad not conveyed pursuant to subparagraphs (A) or (B) of this paragraph pending conveyances in accordance with the review and settlement or final administrative adjudication of claims of valid existing rights; (D) convey to the State a deed granting the State (i) an exclusive-use easement for that portion of the right-of-way of the Alaska Railroad within the Denali National Park and Preserve extending not less than one hundred feet on either side of the main or branch line tracks, and eight feet on either side of the centerline of the “Y” track connecting the main line of the railroad to the power station at McKinley Park Station and (ii) title to railroad-related improvements within such right-of-way. Prior to

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1210 — Other disposition

If the Secretary has not certified that the State has satisfied the conditions under [section 1203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1203&num=0&edition=prelim) within one year after the date of delivery of the report referred to in [section 1204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1204/a&num=0&edition=prelim), the Secretary may dispose of the rail properties of the Alaska Railroad. Any disposal under this section shall give preference to a buyer or transferee who will continue to operate rail service, except that— (1) such preference shall not diminish or modify the rights of the Cook Inlet Region, Incorporated (as that term is used in section 12 of the Act of January 2, 1976 (Public Law 94–204; 89 Stat. 1150)), pursuant to such section, as amended by [section 606(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section606/d&num=0&edition=prelim); 11 See References in Text note below. and (2) this section shall not be construed to diminish or modify the powers of consent of the Secretary or the State under section 12(b)(8) of such Act, as amended by [section 606(d)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section606/d/5&num=0&edition=prelim).1 Any disposal under this section shall be subject to valid existing rights.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1211 — Denali National Park and Preserve lands

Page 259 TITLE 45—RAILROADS § 1212 1 See References in Text note below. 1 See References in Text note below. popularly known as the Alaska Railroad Act, which en- acted section 353a of Title 16, Conservation, and sec- tions 975 to 975g of Title 43, Public Lands, and which was repealed by section 615(a)(1) of Pub. L. 97–468 effec- tive on the date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of this title. Section 615 of this title, referred to in subsec. (b), means section 615 of title VI of Pub. L. 97–468, Jan. 14, 1983, 96 Stat. 2577. Title VI of Pub. L. 97–468 is known as the Alaska Railroad Transfer Act of 1982 and is clas- sified principally to this chapter. Under section 615, the repeal is effective on the date of transfer to the State of Alaska (pursuant to section 1203 of this title) or other disposition (pursuant to section 1210 of this title), whichever first occurs. AMENDMENTS 2003—Subsec. (c). Pub. L. 108–7 struck out subsec. (c) which read as follows: ‘‘Reversion to the United States of any portion of any right-of-way or exclusive-use easement granted to the State or State-owned railroad shall occur only as provided in section 1209 of this title. For purposes of such section, the date of the approval of any such right-of-way shall be deemed the ‘date of transfer’.’’ § 1209. Repealed. Pub. L. 108–7, div. I, title III, § 345(5), Feb. 20, 2003, 117 Stat. 418 Section, Pub. L. 97–468, title VI, § 610, Jan. 14, 1983, 96 Stat. 2575, related to reversion from the State of rail- road property to the United States. § 1210. Other disposition If the Secretary has not certified that the State has satisfied the conditions under section 1203 of this title within one year after the date of delivery of the

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